CRM(M)/1842/2026 of KAFI BABU @ KAIFEE BABU Vs STATE OF WEST BENGAL on 23 September 2026

23.09.2026 Court No.35. D/L.67. Rakib (Allowed)

CRM (M) 1842 of 2026

In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jorasanko Police Station/DD case no. 204 of 2021 dated 18.09.2021 under Sections 395/397 of the Indian Penal Code and Sections 25(1B)(a)/27 of the Arms Act.

And In the matter of : Kafi Babu @ Kaifee Babu

……Petitioner. Mr. Satadru Lahiri Mr. Soumya Basu Roy Chowdhury

.....for the Petitioner. Mr. Aniruddha Bhattacharyya Mr. Arup Kumar Bhowmick

……for the State.

Learned advocate appearing for the petitioner submits that petitioner was arrested on 03.10.2021 and is in custody for four years eleven months, till date 8 witnesses have been examined and the prosecution on an earlier occasion, although reduced the number of witnesses but substantial number of witnesses are yet to be examined by the prosecution. Attention of the Court has been drawn to the evidence of one of the witness and it has been submitted that petitioner be released on bail on any stringent conditions because of the period of incarceration suffered by him. Learned advocate appearing for the State opposes the prayer for bail and submits that the number of witnesses has been scaled down to 28. Evidence of 8 witnesses have been completed and the examination of PW9 is in progress. Emphasis has been laid on the fact that defence contributed to the delay. I have taken into account the materials appearing in the Case Diary, the evidence which has surfaced and the complicity of the petitioner. State has additionally emphasized on the fact of the antecedents of the present petitioner. So far as the other cases are concerned it has been submitted that petitioner has having one more case at Kolkata and another three cases at Bihar. So far as the other case of Kolkata is concerned, petitioner was granted bail by a Coordinate Bench in CRM (M) 922 of 2026. Be that as it may, the trial of the present case as well as the materials which have surfaced including the other attending circumstances do not override the right of the petitioner which has accrued because of lapse of time, particularly the period of incarceration suffered by the present petitioner. In view of the aforesaid, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Kafi Babu @ Kaifee Babu shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Trial Court in seisin of the case. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court in seisin of the case and shall not leave the jurisdiction of district of Kolkata without prior permission of the learned trial Court in seisin of the case. Thus, CRM (M) No. 1842 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)